Emergency Streambank Restoration/Stabilization. Kentucky Division of Water Water Quality Certification May 2010 Educational Assistance
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1 Emergency Streambank Restoration/Stabilization Kentucky Division of Water Water Quality Certification May 2010 Educational Assistance Due to the severity of the recent rains and flooding occurrences, the Kentucky Division of Water (KDOW) understands the urgency of public and private landowners to repair waterways and structures that may have experienced damage due to the flooding events of early May The KDOW s Water Quality Certification (WQC) Section issues approvals in the form of certifications. The WQC issued approvals certify the federally generated U.S. Army Corps of Engineers (USACE) permits. These permits and certifications allow work within streams and wetlands that involve the placement of any form of fill material (common examples of fill include rip rap, culverts, bridge supports, and utility lines). The WQC Section also provides free technical assistance to improve public comprehension of stream behavior and how modifications may improve or worsen problem areas. As anticipated with most severe weather cleanup practices, work will need to be conducted in and around stream channels to remove accumulated debris, repair steeply-eroding stream banks, and replace or repair structures such as roadways, bridges, and culverts. In order to expedite review and permitting procedures between the parties affected by recent flood waters and the WQC Section, the following should be carefully read: Certifications available for flood water cleanup and repair Actions exempt from KDOW certifications Federal assistance programs Certifications available for flood water cleanup and repair: For placement of fill material or dredging within a stream channel or wetland, a USACE permit may be required (contact numbers for the three Corps offices that serve Kentucky are listed at the bottom of this
2 document). If a USACE permit is required, then a water quality certification is also required. There are two kinds of USACE permits: general (also called nationwide) and individual. Typically, repair work due to flooding falls under a nationwide or general permit. Each nationwide permit is different and is geared toward the form of the proposed project. The following nationwides are commonly used for projects related to flood cleanup and repair: NW 13: BANK STABILIZATION: BCB3-91F956D6A031/0/2007NWP13.pdf NW 3: MAINTENANCE of existing structures: and NW 37: EMERGENCY WATERSHED PROTECTION MEASURES (which has been established for Federal Agencies only): The KDOW has placed limits (or conditions) on each USACE nationwide permit. These conditions determine whether we will allow the work to proceed without the further scrutiny of an individual certification. Typical limits include the amount of linear feet of stream to be impacted, the type of fill material to be placed, and the quality of the stream. When the Water Quality Certification Section reviews a proposed project, one of three results may be expected. 1.) If the project is proposed to occur within an ephemeral stream (smaller order stream that only flows following a rain event), or if the work proposed within the project is to be conducted above the Ordinary High Water Mark (OHWM) of the stream (usually found in the approximate location of where the vegetation begins and ends on a stream bank), then the project is EXEMPT, and does not require a water quality certification. Please note that a USACE permit may be required even if a certification is not.
3 2.) If the proposed project: a. will occur below the OHWM of an intermittent stream (small to midsize stream that has a groundwater connection, or is at least fed by a natural spring); or b. will occur below the OHWM of a perennial stream (mid to large size stream where water is visible within the channel for the majority of the year); or c. will occur within less than 1 acre of wetland; and d. there is a possibility of fill material being placed within the stream channel or wetland; and e. the work is not being done in a Special Use Water ( and f. the proposed project will stay within the limits of the KDOW s General Certification guidelines and conditions associated with flood cleanup and repair procedures, g. then the project is permitted under KDOW WQC GENERAL CERTIFICATION. 3.) If the proposed project: a. will occur below the OHWM of an intermittent stream or a perennial stream; or b. will occur in greater than 1 acre of wetland; and c. there is a possibility of fill material being placed within the stream channel or wetland; and/or d. the work is being done in a Special Use Water, and e. the project proposes to exceed the guidelines and conditions listed within the KDOW WQC General Certifications, then an INDIVIDUAL SECTION 401 WATER QUALITY CERTIFICATION will be required. If the proposed project will require individual certification, please contact the WQC project manager for your area (LINK BELOW). A WQC application (ATTACHMENT 1) will need to be submitted to the Kentucky Division of Water. NOTE: The USACE, not KDOW, determines if a stream is ephemeral, intermittent, or perennial. They also determine the location of the OHWM. If you are uncertain about these determinations, please contact the USACE. Also, note that the mapping of a stream as blue line has no bearing on whether or not a stream is regulated by the USACE or KDOW s water quality certification.
4 Actions exempt from KDOW certification: In addition to the exemption criteria listed above, guidelines have been designed to advise in the removal of log jams, creek rock, or other natural material that have formed barriers within the stream, in a document titled Guidelines for the Removal of Stream Flow Obstructions (ATTACHMENT 2). This literature addresses use of equipment, placement of removed objects, vegetation removal, timing, and at what elevation you are permitted to conduct work. If your proposed procedures shall exceed the listed guidelines, your project may no longer be exempt from WQC permitting procedures. Please contact a WQC project manager for assistance. Federal assistance programs For additional assistance for flood cleanup or removal projects affecting public or private landowners, the Natural Resource Conservation Service (NRCS) of the U.S. Department of Agriculture (USDA) has a multitude of established assistance programs to aid in the funding of the cleanup and repair projects. The Emergency Watershed Protection (EWP) Program is a 75/25 cost-share program established to financially assist in the cleanup of the recent flooding events. For additional information, please follow: Additional KDOW WQC Information: -Find the WQC Project Manager for your area: -Investigate the KDOW WQC web page for additional questions:
5 Additional Contact Information: -U.S. Army Corps of Engineers Contact Information: Louisville District: Nashville District: Huntington District: (502) (615) (304) Links or Contact info for Local Floodplain Coordinators: 4EB2-B810-DF0C1E6881B3/0/WRFloodplain_Coordinators.pdf
6 ATTACHMENT 1
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8 ATTACHMENT 2
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U.S. Army Corps of Engineers PENNSYLVANIA STATE PROGRAMMATIC GENERAL PERMIT-4 (PASPGP-4) July 1, 2011 TO WHOM IT MAY CONCERN: Part I Authorities: A. Federal Authorities: 1. Section 404(e) of the Clean